Overview

• On July 24, a three-judge Ninth Circuit panel ruled 2-1 that President Trump’s executive order ending birthright citizenship is unconstitutional and upheld a nationwide injunction blocking its enforcement.
• Judges Ronald Gould and Michael Hawkins wrote that the order conflicts with the 14th Amendment’s Citizenship Clause and United States v. Wong Kim Ark precedent.
• The court determined that only a universal injunction could prevent a patchwork of differing citizenship rules and provide complete relief for the Democratic-led states challenging the policy.
• Judge Patrick Bumatay dissented on the basis that the plaintiff states lacked standing and that merits review was premature.
• The Trump administration is weighing appeals to the full Ninth Circuit or a direct appeal to the Supreme Court to overturn the block.